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1. The primary plaintiff's claim and the conjunctive plaintiff's claim are all dismissed.
2. The plaintiff is the primary plaintiff among the costs of lawsuit.
Reasons
Basic Facts
The land listed in paragraphs 1 through 5 (hereinafter “instant land”) among the real estate listed in the separate sheet, such as the conclusion and payment of acquisition intention contracts between the primary Plaintiff and Nonparty E, was owned by Defendant D. Defendant C purchased the instant land from F at the time of Defendant D’s representative from KRW 2,200,000,000, and then assumed office as Defendant D’s representative around May 2004.
Since that time, Defendant C commenced the new construction work on the land of this case, “D Magwon” (the building listed in attached Table No. 6 of this case, “the instant Magwon,” and combined with the land of this case, “the instant land, etc.”). The Si Corporation defaulted, and when the subcontractor exercised the right of retention at the construction site and the construction was suspended, Defendant C started to color the person who will acquire the instant land, etc.
On March 21, 2006, E, as the representative of the conjunctive plaintiff, explained the main plaintiff, who is a pastor of this case, and explained about the construction of the memorial facility in this case, and stated that “If the land in this case is loaned as security, E shall settle the provisional attachment, etc., which is suffering from the land in this case, and receive a loan as part payment, and then receive the remainder as payment, and the remainder shall be settled by the church side of the church in lots.”
The primary Plaintiff affixed a seal on the acquisition agreement presented by E on the day, and the primary Plaintiff’s adviser G, who reviewed the said agreement, requested that E reverse the said acquisition agreement and prepare a new contract in the presence of Defendant C, with the defect that “The owner on the register of the land in this case is Defendant D (the representative C) and must prepare a new contract after obtaining confirmation from Defendant C.”
Accordingly, E between Defendant C on April 12, 2006, and E from C.